Divorce

Going through a divorce can be complicated and stressful; our team can help you navigate through these complex issues and protect the interests that are most important to you. We want to help you solve your problems and are available to answer questions such as the following:

NOTICE: None of the information provided below constitutes legal advice. To obtain legal advice, please consult with a family law attorney.

Q. What are your major concerns facing divorce?

A. Divorce proceedings are complex and unique, each requiring an assessment of several factors including: your financial structure, assets both personal and marital, child support and custody, alimony, and many other factors must be taken into account. Persons facing divorce for the first time undoubtedly have many serious concerns and questions; even if this is not your first time, circumstances in one’s life often change and no divorce case, even involving the same people, is exactly the same. One factor which remains consistent across all Maryland divorce cases is that it is an expensive, ongoing process. Your choice of legal counsel must have the experience, resources, and knowledge to help protect you and your family’s financial well-being.

Q. What is a “no-fault” divorce and is it possible to obtain one?

A. Divorce in Maryland involves several steps and determinations. Factors must be considered and resolved prior to any divorce proceeding; these factors include, but are not limited to, separation, alimony, child support, determination of marital assets & values, income of parties involved, and other factors. Once these factors are resolved, the process can continue on to trial or a settlement agreement.

Q. Is there a waiting period for a divorce in Maryland?

A. Maryland “no-fault” divorce law requires the spouses to separate for 12 months (1 year), with no hope or expectation of reconciliation, before the divorce can go before the court. The law requires also that the spouses live apart in separate residences during this separation, without sexual relations, for 12 consecutive months. The parties do not have to prove that both spouses agreed to the separation or that it was mutual and voluntary, as long as they were separated for 12 consecutive months. Proving cohabitation or engagement in sexual relations during this time may be a defense against the divorce.

A. In order to obtain an absolute divorce in Maryland, the parties must have been separated for at least one year, unless the divorce is based on adultery or cruelty. Waiting for a year after separating to file for a divorce is not recommended since court dockets fill up quickly. In the meantime, parties often file for a “limited divorce”, which allows the parties to get temporary support and get in line for an absolute divorce.

A. In Maryland, whether or not a couple is separated is a question of fact. If the spouses are not having sexual relations and are not sleeping in the same residence, then they are separated. People commonly use this phrase “legal separation” to mean that they have signed a contract, called a separation agreement, that settles their alimony claims and marital property rights, but have not yet obtained a divorce. People often also think of a “legal separation” as a limited divorce; a limited divorce is often requested in initial pleadings to get the proceedings started, with the intent of amending the pleadings before trial to request an absolute divorce. In these cases, a fault ground or voluntary separation must still be alleged in the initial filings even if the intent is to later amend to a one-year non-fault ground. Grounds for a limited divorce include: cruelty of treatment, excessively vicious conduct, desertion, and voluntary separation.

Q. What is the Maryland divorce process?

Q. What is a “legal separation”?

A. Maryland law does not list “irreconcilable differences” specifically as grounds for divorce, however certain conduct that many couples describe as “irreconcilable differences” may be categorized under one of the other “fault” grounds discussed below. One is legally justified in obtaining a divorce under one of the “fault” grounds below, or more generally when a spouse’s conduct presents a threat to the a person’s safety, physical health or self-respect that continuing the marital relationship is impossible. This is also known as “constructive desertion”.

A. Couples can still obtain a divorce on fault grounds even if parties are living together under the same roof. Grounds for divorce based on fault include:

Q. Are “irreconcilable differences” grounds for divorce? When is one legally justified in obtaining a divorce?

Q. What is a divorce based on “fault” grounds?

Divorce: Fact vs. Fiction

Clients often have various misconceptions about divorce, believing certain facts they heard which turn out to be untrue. Relying on inaccurate information could have a detrimental effect on the outcome of your case. Be sure to obtain professional legal information and advice from a competent attorney before making important decisions regarding your case.

 

Myth #1: My spouse and I are separated if we have been sleeping apart in separate bedrooms for year.

False. Aside from a few, very limited circumstances, a husband and wife must actually be separated, meaning not sharing a residence (living under the same roof) for the separation to be considered a legal separation. Please consult an attorney in determining whether you fall within these very limited circumstances.

 

Myth #2: My spouse won’t get any money from assets that are in my name if we divorce.

False. According to Maryland law, if the asset was acquired using marital funds, the court will include this in making a marital property award, regardless of whose name is on the asset.

 

Myth #3: My pension/401(k) is solely mine in a divorce; the court can’t give any of this money to my spouse.

False. As long as the 401(k)/pension was earned or acquired during the marriage, this is considered marital property and the court has the ability to divide the marital portion of pension.

 

Myth #4: I can’t file for divorce until I am legally separated.

False. According to Maryland law, you do not need a formal agreement or written document of your separation; as long as you are no longer living in the same residence with your spouse the court will consider you separated. The confusion arises because people often sign separation agreements, or contracts that determine outstanding issues (such as property or asset settlement) pending the divorce, but if no such agreement is made by the parties themselves, the court will rule on these issues.

 

Myth #5: There is a formula that shows how much alimony I will receive.

False. There are no alimony guidelines or a set formula in Maryland that determines the amount of alimony one spouse will receive. However, the Maryland court has to consider a number of factors when determining an alimony award and also may use alimony guidelines from other states to assist them in their decision.

 

Myth #6: Men never get awarded alimony.

False. An alimony award can be given to men as well as women. The court must apply the same gender-neutral factors in deciding whether to award alimony to the either spouse.

 

Myth #7. The mother always gets custody of the children.

False. The legal standard the court uses in awarding custody is “the best interest of the child” standard. This law is gender-neutral, so the father could be awarded custody when it is determined that custody with the father is in the best interest of the child. However, the reality is that some judges still favor the mother but many judges also believe that a child needs both parents and often award joint or shared custody so both the mother and father have custody of the child.

 

Myth #8: Women are never perpetrators of domestic violence, only men.

False. Women are equally as capable of domestic violence as men.

 

Myth #9: I don’t have to pay alimony if my spouse cheated on me (committed adultery).

Maybe. Marital fault is only one of many factors considered by the court when awarding alimony; considering all factors combined, a spouse who committed adultery may still receive an alimony award depending on the circumstances.

 

Myth #10: I don’t need a lawyer if I choose to go to mediation.

Maybe. Although lawyer is not required in a mediation session, it is extremely highly recommended to seek the advice of an attorney before entering a mediation session. The mediator is a neutral party who does not represent either party and cannot give legal advice; the mediator is only there ot help the parties reach agreement.

 

Myth #11: The court can award alimony for life.

False. The court can award rehabilitative or indefinite alimony, but there is no such thing as lifetime alimony. Rehabilitative alimony is usually meant to help the spouse become self-supporting and terminates after a number of years. Indefinite alimony is usually awarded in long-term marriages where there is a disparity in incomes of the spouses; it usually terminates upon the death of a spouse or remarriage of the spouse receiving alimony. Indefinite alimony can be modified or terminated by the court.

 

Myth# 12: The court can order my spouse to add myself and/or our children as beneficiaries to his/her life insurance.

False. The court cannot order a party to maintain life insurance for the spouse and/or children, although the parties can agree to this in a settlement agreement.

 

Myth #13: The court can order my spouse pay for our children’s college education.

False. The court has no authority to order either parent to pay for college, although the parties can agree to this in a settlement agreement.

 

Myth #14: I won’t have to pay support if I quit my job or get a lower paying job voluntarily.

False. Regardless of what the motivation of the party quitting the job or taking a lower paying job, particularly if the court finds this was because the spouse was trying to avoid paying support, the court can assume the person is capable of earning at least what he/she earned in the past for the purposes of calculating support. This is also known as “imputing income”.